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Date Application Received: 04/20/11 Date Application Considered as Complete: 04/28/11 60-Day Review Period Expires: 06/27/11 REQUEST FOR COUNCIL ACTION Date: 18 May 2011 Item No. /d Department Approval: ,, , r' Administrator Approval: Agenda Section: Name: Melanie Curtis �W/ Title: Planning & Zoning Coordinator Item Description: #11-3505, Thomas & Martha McCune, 1473 Bay Ridge Road Side Yard Setback Variances Public Hearing List of Exhibits: Exhibit A. Draft Resolution Exhibit B. Planning Commission Packet - 05/10/11 Exhibit C. Draft Planning Commission Minutes — 05/16/11 Application Summary: In order to repair an ice dam issue with the existing roof the property owner would like to reconstruct the roof over the older portion of their home with a slightly steeper pitch. The resulting increase in height would be an additional 2' 11" from the existing roof. The existing home does not meet the 30-foot side setback as required for principal structures within the LR-1A zoning district. A 16.7-foot setback exists on the south side of the home and a 14-foot setback exists on the north side of the home where 30-feet is required. Planning Commission Recommendation On May 16, 2011, the Planning Commission voted 6 — 0 to recommend approval of the variances as requested. Updated Variance Analysis As the Council is aware, there have been multiple changes to law regarding how a municipality must review an application for a variance. The "undue hardship" analysis has been replaced with the "practical difficulties" analysis. Staff is currently working on updating the ordinance to ensure that it conforms to the statutory analysis of practical difficulties. While the current code directs staff, planning commission and the council to perform a "hardship" analysis; this application will actually be viewed consistent with the new practical difficulties analysis. Staff Recommendation The applicants' variance request is reasonable and necessary in order to avoid additional damage to their property caused by ice dams. The proposed addition is a vertical expansion that will result in minimal additional massing of the house. No additional living space is being proposed and the applicants' request results in minimal negative impact of adjacent properties. Staff finds the location of the existing home creates a unique circumstance not created by the applicants and that granting the applicants' request is in harmony with the purpose and intent of the ordinance and will not alter the essential character of the neighborhood. Planning Staff recommends approval of the side setback variances in order to reconstruct the roof as proposed. COUNCIL ACTION REQUESTED The City Council should open the public hearing, hear comments from the public. The Council should consider approving or amending the attached draft resolution approving side yard setback variances.